Over the past several years, grand juries have had the opportunity to indict APD officers involved in shootings but “no-billed” the officer each time. Attorney Adam Loewy was involved in many of those cases and believes this case is different.

“We expect there to be an indictment here,” said Loewy, who is representing the Jackson family.

Unlike previous cases, self-defense is not being used as justification for the shooting and Loewy believes other possible justifications will fall short.

“Kleinert is not saying it was self-defense, he is saying it was accidental,” said Loewy. “This was intentional. He tracked him down and shot him in the back of the head.’

The grand jury is expected to return a decision in the next week or two. They have already heard from Jackson’s family and will also hear testimony from Kleinert and others to help them determine if the shooting was justified or one that should be prosecuted criminally.

Jackson’s family could not talk about their testimony publicly, but Mercer hopes it ultimately leads to Kleinert facing the same justice any other citizen would receive.

KXAN.com provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. If you see an inappropriate comment, please flag it for our moderators to review.